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Ex-wife not paying what is owed...

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M

maddymunky

Guest
What is the name of your state? Oregon

I am posting on a friends behalf as he is trying to figure out if he has a case. He and his wife divorced approx. 8 years ago. As part of their written agreement thru the judge she was to pay him a certain amount for the house that she is still living in. Since their divorce she has not paid him anything. Also she and her new husband forged his signature on papers to refinance the house.
Basically, he's too nice w/her and is finally fed up, we're wondering if this is past the statute of limitations for oregon or if he has any chance of getting even a portion of his money. I don't know what other details to add. I don't know if it's relevant, but he has lots of paperwork documenting the history of this issue.
 


VeronicaGia

Senior Member
He needs to file an order to show cause in family court to force her to explain to a judge why she hasn't paid. He shouldn't have waited this long, and if he has proof of the forgery he needs to contact the police.
 

nextwife

Senior Member
Check with whomever closed the refi.....

If the refi was obtained fraudulantly, he should contact the lender that did the loan. They likely obtained a "mortgagee's policy" of title insurance that protects the lender. If the closer that was hired by the lender to close it was negligent in not obtaining (and usually photographing for the closing file) a photo id, then he may well be able to legally establish that the mortgage is not valid. Then it becomes a "claims issue" for the title insurer, who goes after the person who commited fraud. I wouldn't sit back and just allow someone to fraudulantly obtain a mortgage and do nothing. They commited fraud. And the mortgage that he did NOT obtain is on HIS credit report.

The closer's file likely has a copy of whatever ID was presented at the closing. If they provided a fake ID to obtain that loan, that could very well be criminal.
 

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